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Regular Meeting
Tuesday, October 26, 2010 - - 7:00 p.m.

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Present: Mayor William D. Euille, Vice Mayor Kerry J. Donley, Members of Council Frank H. Fannon, Alicia R. Hughes, K. Rob Krupicka, Redella S. Pepper and Paul C. Smedberg.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Banks, City Attorney; Mr. Spera, Deputy City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Castrilli, Communications Director, City Manager's Office; Mr. Gates, Assistant City Manager, City Manager's Office; Mr. Caton, Legislative Director; Mr. Trobridge, Director, Information Technology; Mr. Johnson, Chief Financial Officer; Ms. Triggs, Deputy Chief Financial Officer; Mr. Stewart, Office of Management and Budget; Fire Chief Thiel; Police Captain Ogden; Deputy Police Chief Corle; Ms. Hamer, Director, Planning and Zoning; Ms. Ross, Planning and Zoning; Mr. Baier, Director, Transportation and Environmental Services; Mr. Lerner, Deputy Director, Transportation and Environmental Services; Ms. Wilkinson, Transportation and Environmental Services; Ms. Niebauer, Director, Office of Human Rights; Mr. Hatfield, Office of Human Rights; Mr. Wanamaker, Deputy Director, General Services; Ms. Boyd, City Manager's Office; Ms. Carrel, Recreation, Parks and Cultural Activities; and Mr. Lloyd.

Recorded by: Jacqueline M. Henderson, City Clerk and Clerk of Council.

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City Council went into a work session at 5:30 p.m. to discuss the Beauregard Small Area Plan.
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1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of Council were present. (Councilman Krupicka arrived at 7:18 p.m.)

2. Moment of Silence and Pledge of Allegiance.

City Council observed a moment of silence and recited the Pledge of Allegiance.

3. Reading and Acting Upon the Minutes of the Following Meeting of City Council:

(a) The Regular Meeting Minutes of October 12, 2010.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried 6-0, City Council approved the regular meeting minutes of October 12, 2010. The voting was as follows:

Donley "aye" Fannon "aye"
Pepper "aye" Hughes "aye"
Euille "aye" Krupicka absent
Smedberg "aye"

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

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(Councilman Krupicka arrived at this time.)

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4. Presentation of a Proclamation Declaring October 26 as Chet and Sabra Avery Day and Honoring Chet and Sabra Avery For Their Service to Alexandria.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/26/10, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

5. Presentation of a Proclamation Recognizing as the Winners of the 2010 Ben Brenman Awards: Ellen Pickering, Judy McConville, Wesley Pippenger.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/26/10, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Smedberg "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Krupicka "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6-11)

(Resignations and Uncontested Appointments)

6. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:

(a) Environmental Policy Commission
Matthew Voorhees

(A copy of the above resignations is on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a); 10/23/10, and is incorporated as part of this record by reference.)

7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Commission on Employment
1 Business Representative From Among Recognized Area
Businesses, Including Minority-Owned and Small Businesses

(b) Commission on HIV/AIDS
1 Citizen-at-Large

(c) Historic Alexandria Resources Commission
1 Northern Virginia Fine Arts Association Member

(A copy of the above appointments is on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7 (a-c); 10/23/10, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

8. Consideration of Acceptance of a Funding Allocation from the National Capital Region (NCR) Urban Area Security Initiative (UASI) for Regional Emergency Management Exercises, Volunteer Recruitment and National Incident Management Compliance.

(A copy of the City Manager's memorandum dated October 12, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/23/10, and is incorporated as part of this record by reference.)

9. Consideration of Appointment of Participant Representatives and Alternates to the City of Alexandria Firefighters and Police Officers Pension Plan Retirement Board.

(A copy of the City Manager's memorandum dated October 5, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/23/10, and is incorporated as part of this record by reference.)

10. Consideration of the Report of the City Council Naming Committee on the Proposed Naming of City Hall Room 2000 in Honor of Chet and Sabra Avery.

(A copy of the City Manager's memorandum dated October 21, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/23/10, and is incorporated as part of this record by reference.)

11. Consideration of the Report of the City Council Naming Committee on the Proposed Naming of the Alexandria Adult Detention Center in Honor of the Late Deputy Sheriff William Truesdale.

(A copy of the City Manager's memorandum dated October 21, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/23/10, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the consent calendar, with the addition of item #12. The City Manager's recommendations were as follows:

6. City Council accepted the following resignation with regret: (a) Matthew Voorhees, Environmental Policy Commission.

7. City Council made the following appointments: (a) reappointed Greg Hudgins as the one business representative from among recognized area businesses, including minority-owned and small businesses, to the Commission on Employment; (b) appointed Kevin Jura as the one citizen-at-large to the Commission on HIV/AIDS; and (c) appointed Andrew Macdonald as the one Northern Virginia Fine Arts Association member to the Historic Alexandria Resources Commission.

8. City Council: 1. authorized the City Manager to accept the funding through the Urban Area Security Initiative in the amount of $328,500; and 2. executed all necessary documents that may be required.

9. City Council appointed the following individuals to the City of Alexandria Firefighters and Police Officers Pension Board effective January 1, 2011: participant representatives and alternates nominated and elected by Firefighters: Michael Cross, term 1/1/2011-12/31/2012; Michael Wimer, term 1/1/2011 - 12/31/2014; and Patrick Evans (alternate), term 1/1/2011-12/31/2014; and participant representatives and alternates nominated and elected by Police Officers: Edward Milner, term 1/1/2011 - 12/31/2014; Albert Tierney, term 1/1/2011 - 12/31/2012; and Shirl Mammarella (alternate), term 1/1/2011 - 12/31/2014.

10. City Council received the naming Committee's recommendation and scheduled the proposal to name City Hall Room 2000 in honor of Chet and Sabra Avery for public hearing and consideration at Council's November 13, 2010 public hearing meeting.

11. City Council received the Naming Committee's recommendation and scheduled the proposal to name the Alexandria Adult Detention Center in honor of the late Deputy Sheriff William Truesdale, who was killed in the line of duty in 1981, for public hearing and consideration at Council's November 13, 2010 public hearing meeting.

12. City Council reappointed Bernard Schultz as the one member-at-large to the Historic Alexandria Resources Commission.

The voting was as follows:

Donley "aye" Fannon "aye"
Pepper "aye" Hughes "aye"
Euille "aye" Krupika "aye"
Smedberg "aye"

CONTESTED APPOINTMENTS

12. Historic Alexandria Resources Commission
1 Member-at-Large

This item was made part of the consent calendar.

13. Waterfront Committee
1 Old Town Business Association Representative

(The following person volunteered for appointment to the above Commission)

NAME: ENDORSED BY:

Linda Hafer

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/26/10, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots were tallied with the following results: City Council waived the residency requirement and reappointed Linda Hafer as the one Old Town Business Association representative to the Waterfront Committee. The voting was as follows:

Euille - Hafer
Donley - Hafer
Fannon - Hafer
Hughes - Hafer
Krupicka - Hafer
Pepper - Hafer
Smedberg - Hafer

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

14. Oral Report on Base Realignment and Closure (BRAC-133) Project at Mark Center and the Beauregard Corridor Small Area Plan Process.

Director of Transportation and Environmental Services Baier, along with Deputy Director Lerner, gave a report on the base realignment and closure (BRAC-133) project at the Mark Center and the Beauregard Corridor Small Area Plan Process and responded to questions of City Council.

15. Receipt of Proposed City Legislative Package for the 2011 General Assembly Session and Setting the Package for Public Hearing on Saturday, November 13, 2010.

(A copy of the City Manager's memorandum dated October 19, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/23/10, and is incorporated as part of this record by reference.)

Legislative Director Caton made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council: 1. received the proposals for the City's 2011 Legislative Package, as recommended by Council's Legislative Subcommittee and included in the staff report; and 2. scheduled the legislative package proposals, including proposed Charter amendments, for public hearing on Saturday, November 13, 2010. The voting was as follows:

Donley "aye" Fannon "aye"
Smedberg "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

16. Consideration of Proposed Articles of Incorporation and By-laws for the Torpedo Factory Art Center Board.

(A copy of the City Manager's memorandum dated October 21, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/23/10, and is incorporated as part of this record by reference.)

Assistant City Manager Gates made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council: 1. amended the June 22 resolution of City Council establishing the Torpedo Factory Art Center Board (TFACB) to reflect changes to the Board's proposed composition and purpose; 2. adopted the articles of incorporation and by-laws required to establish the Torpedo Factory Art Center Board; 3. requested the City Clerk to solicit nominations for Council appointment to the TFACB; and 4. directed that the City Attorney, upon Council action to appoint representatives to the TFACB members, file with the State corporation Commission all documents necessary to establish the Board as a legal, non-profit entity. The voting was as follows:

Krupicka "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Smedberg "aye"

The resolution reads as follows:

RESOLUTION 2420
A RESOLUTION TO AMEND RESOLUTION #2408; ESTABLISHMENT OF THE TORPEDO FACTORY ART CENTER BOARD (TFACB)

WHEREAS, the City Council adopted Resolution No. 2408 on June 22, 2010 establishing the Torpedo Factory Art Center Board and directed the City Attorney to draft the articles of incorporation and by-laws necessary for establishment of the Board as a legal entity for the Council’s review; and

WHEREAS, after review of the draft documents and a public hearing on the matter, Council has determined that certain modifications should be made to the proposed governance structure and a mission statement for the Torpedo Factory Art Center Board should be defined and therefore, are adopting this Resolution to amend and replace Resolution No. 2408; and

WHEREAS, the Torpedo Factory Art Center’s mission is to enhance public art appreciation and education by providing the opportunity to visit working art studios and artist cooperatives and to take classes; and

Whereas, the Alexandria City Council desires the Torpedo Factory Art Center to continue its integral role in the economic, cultural and educational framework of the City; and

WHEREAS, the Torpedo Factory Art Center is an internationally recognized art center important to the cultural, educational and economic vitality of the City of Alexandria; and

WHEREAS, for more than 35 years, the Torpedo Factory Art Center has been an important part of the arts community and attracted thousands of visitors to the City; and

WHEREAS, the Torpedo Factory Art Center has brought notice and acclaim to the City, first as an inventive re-use of a building and later as a proud reflection of a community’s commitment to its quality of life; and

WHEREAS, the considerable reputation of the Torpedo Factory results from the commitment, dedication and hard work of the many artists who have contributed their time, talent and artistic energy to the development of the facility as a premier art center; and

WHEREAS, the Torpedo Factory Art Center seeks to provide residents and visitors with opportunity to engage renown artists, learn of the process for creating fine art, and experience the intersection of art and community; and

WHEREAS, the Torpedo Factory Art Center is strategically located on the Alexandria waterfront where it serves as both a gateway for visitors and a threshold for residents; and

WHEREAS, the Torpedo Factory Art Center performs a critical role in supporting the City of Alexandria’s economic well being, drawing visitors and residents to our streets and our retail and commercial establishments; and

WHEREAS, managing the operations of the Torpedo Factory Art Center and insuring its ongoing success requires a broad range of expertise and community based citizen support.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA THE FOLLOWING:
17. Consideration of Whether or Not to Establish Interim Parking Meter Rates.

(A copy of the City Manager's memorandum dated October 20, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/23/10, and is incorporated as part of this record by reference.)

Director of Transportation and Environmental Services Baier, along with Ms. Wilkinson, T&ES, made a presentation of the staff report and they responded to questions of City Council.

WHEREUPON, a motion was made by Councilman Fannon, and seconded by Councilman Krupicka, that City Council direct the City Attorney to prepare an ordinance for a reduced rate at $1.25 for all coin-operated metered spaces in the City, except that the Carlyle area meter rates would remain at $1.75, and the intent is to shift to the $1.75 rate once the multi-space meters are in place, which is option C-2.

City Council asked the City Attorney to give flexibility in the proposed ordinance for a rolling or all-at-once approach when the ordinance comes back to City Council, so Council can then make a decision on it at that time.

A SUBSTITUTE MOTION was made by Councilwoman Pepper to lower the rate from $1.75 to $1.00, which is option C-3. The motion failed for lack of a second.

The voting on the motion was as follows:

Fannon "aye" Donley "aye"
Krupicka "aye" Hughes "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

18. Consideration of Establishing a Pilot Program for Vendor Carts on Market Square for Spring and Summer 2011.

(A copy of the City Manager's memorandum dated October 19, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/23/10, and is incorporated as part of this record by reference.)

Deputy Director of Planning and Zoning Ross made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried 6-1, City Council: 1. received the report and outline of the proposed pilot program; and 2. allocated $18,483 from the contingent reserves account to fund the program. The voting was as follows:

Donley "aye" Fannon "aye"
Smedberg "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "no"

19. Consideration of Report on City of Alexandria Fund Balance Commitments.

(A copy of the City Manager's memorandum dated October 20, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/23/10, and is incorporated as part of this record by reference.)

Deputy Chief Financial Officer Triggs, along with Chief Financial Officer Johnson, made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council received the report. The voting was as follows:

Donley "aye" Fannon "aye"
Pepper "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"


20. Consideration of Authorization of Recommended Capital Project Allocations and Planned Expenditures.

(A copy of the City Manager's memorandum dated October 20, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/23/10, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council authorized $9,606,852 for capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditures Summary. The voting was as follows:

Krupicka "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Pepper "aye"

21. Consideration of a Cooperative Partnership with Arlington County to Participate in an Environmental Analysis in Order to Consider Implementing a Streetcar Line Within the Crystal City-Potomac Yard Corridor.

(A copy of the City Manager's memorandum dated October 20, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/23/10, and is incorporated as part of this record by reference.)

Deputy Director of Transportation and Environmental Services Lerner made a presentation of the staff report and he, along with Director Baier, responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried 5-2, City Council authorized City participation with Arlington County in environmental planning and preliminary engineering in order to consider implementing a streetcar line within the Crystal City-Potomac Yard corridor. The voting was as follows:

Donley "aye" Fannon "no"
Krupicka "aye Hughes "no"
Euille "aye" Pepper "aye"
Smedberg "aye"

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

None.


ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

None.

ORAL REPORT FROM THE CITY MANAGER

None.

ORDINANCES AND RESOLUTIONS

22. Consideration of a Resolution Providing For a Five-Month Extension of the City's Cable Television Franchise Agreement with Comcast of Virginia, Inc., from October 31, 2010 to March 31, 2011. [ROLL-CALL VOTE]

Item #22 was heard after item #24.

OTHER

23. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated October 20, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/23/10, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Krupicka and carried unanimously, City Council adopted the calendar and noted the following changes: Alexandria Celebrates Adoption Day on Saturday, November 20 from 10:00 a.m. to 1:00 p.m., including an 11:00 a.m. ceremony in the Council Chambers at City Hall; the 25th anniversary celebration of the opening of the Chinquapin Park Recreation Center on Saturday, December 4 from 12:00 noon to 5:00 p.m. (with an official welcome by the Mayor and Council at 3:00 p.m.) and the corrected date for the Presidents Day Holiday and George Washington's Birthday Parade, which is Monday, February 21, not Monday, February 14 as previously listed on the calendar. This means that the Council public hearing meeting in February is on Saturday, February 12, not Saturday, February 19, as previously listed. The voting was as follows:

Pepper "aye" Donley "aye"
Krupicka "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Smedberg "aye"

EXECUTIVE SESSION

24. Closed Meeting For the Purpose of Consulting With Legal Counsel and Staff Regarding Pending Legal Matters and Potential and Pending Litigation.


WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, at 10:15 p.m., City Council convened in executive session, pursuant to Section 2.2-3711(a)(7) of the Code of Virginia for the purpose of consulting with legal counsel and briefings by staff members pertaining to actual and probable litigation, and to consult with counsel for legal advice regarding specific matters. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, at 10:48 p.m., City Council reconvened the meeting. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously by roll-call vote, City Council adopted a resolution pertaining to the Executive Session. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

The resolution reads as follows:

RESOLUTION NO. 2422

WHEREAS, the Alexandria City Council has this 26th day of October 2010, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED, that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

(This item was heard out of turn:)

22. Consideration of a Resolution Providing For a Five-Month Extension of the City's Cable Television Franchise Agreement with Comcast of Virginia, Inc., from October 31, 2010 to March 31, 2011. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 20, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/23/10, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried 7-0 by roll-call vote, City Council: 1. approved the request and adopted the resolution which extends the expiration date of the cable television franchise agreement with Comcast of Virginia, Inc., from October 30, 2010 to March 31, 2011; and 2. temporarily waived the requirement for a minimum of 10 hours of local origination programming that is produced by Comcast and intended for use in the City and is of specific local interest to the residents of the City as of December 1 until the Comcast move to Shirlington is completed. City staff has asked Comcast to make a strong effort to make up for the lost programming time once the move is completed and the new office is fully functional. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

The resolution reads as follows:
RESOLUTION NO. 2421

Resolution to extend the term of the cable television franchise held by Comcast of
Virginia, Inc., until March 31, 2011, for the purpose of permitting the City of Alexandria
and the Franchisee to complete renewal discussions

WHEREAS, on June 18, 1994, the City of Alexandria, Virginia (the “City”), granted a cable television franchise (the “Franchise”) to Jones Intercable of Alexandria, Inc.; and

WHEREAS, on or about December 1999, Jones Intercable of Alexandria, transferred the Franchise to Comcast of Virginia, Inc., (the “Franchisee”) who currently holds the Franchise; and

WHEREAS, the Franchise expired on June 17, 2009; and

WHEREAS, on June 9, 2009, by Resolution 2346, City Council approved the joint request of the City and Comcast to extend the franchise until December 31, 2009; and

WHEREAS, on December 9, 2009, by Resolution 2374, City Council approved the joint request of the City and Comcast to extend the Franchise until October 30, 2010; and

WHEREAS, the City and the Franchisee are continuing to be engaged in active discussions concerning the renewal of the Franchise and those discussions have not been completed; and

WHEREAS, the Franchise Agreement requires that Comcast provide thirty (30) or more hours per week of Local Origination Programming on the Alexandria Community Channel and the Franchise further requires that at least ten (10) of those hours shall consist of Local Origination Programming produced by Comcast and intended for use in the City and such programming shall be of specific local interest to residents of the City; and

WHEREAS, Comcast has requested a temporary waiver of the ten hours of programming specific to the interests of the City’s residents because as of December 1, 2010, it is relocating its local office from Alexandria to Arlington and until its new local office is established Comcast will not have the ability to fully comply with the weekly ten (10) hour local origination programming requirement; and

WHEREAS, Comcast has agreed to the best of its abilities to accommodate the City to comply with the ten hour weekly local origination programming; and

WHEREAS, the City wishes to extend the term of the Franchise to allow time for the parties to complete negotiations; and

WHEREAS, the Franchisee has provided its consent to the proposed extension of the Franchise, in the form of the attached letter; and

WHEREAS, the City and the Franchisee both desire to reserve their respective rights under state and federal law, including, without limitation, 47 U.S.C. 546.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Alexandria, Virginia:

1. That the term of the Franchise is hereby extended until March 31, 2011; and

2. That this Resolution shall be effective immediately upon passage.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the regular meeting of October 26, 2010 at 10:50 p.m. The voting was as follows:

Hughes "aye" Donley absent
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"



APPROVED BY:

___________________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

___________________________________
Jacqueline M. Henderson
City Clerk and Clerk of Council


This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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City Council meetings are closed-captioned for the hearing impaired.
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